PUBLIC AGREEMENT (OFFER)
for ordering, purchase and delivery of goods

This website is the online store of the MALINASILVER brand.

By placing an order through this website, you are entering into a purchase agreement with Sole Proprietor Malyna B.O.

Placing an order constitutes acceptance of this public offer in accordance with the provisions of the Civil Code of Ukraine (Articles 633, 641). Its terms are the same for all buyers regardless of their status (individual, legal entity, or sole proprietor) without giving preference to one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and procedures of ordering, payment, delivery, returns, liability for improper orders, and all other conditions of the Agreement. The Agreement is considered concluded from the moment the "Confirm Order" button is clicked on the checkout page in the "Cart" section and the buyer receives confirmation of the order from the Seller by email.

Definitions

1.1. Public Offer (hereinafter referred to as the “Offer”) – a public proposal made by the Seller, addressed to an indefinite number of individuals, to conclude a distance sales contract (hereinafter referred to as the “Agreement”) under the terms set forth in this Offer.

1.2. Goods or Services – the subject of the agreement selected by the Buyer on the website of the online store, placed in the cart or already purchased by the Buyer from the Seller by remote means.

1.3. Online Store – the Seller’s website located at https://malinasilver.com.ua/, created for the conclusion of retail and wholesale purchase-sale agreements based on the Buyer’s review of the Seller’s offered goods via the Internet.

1.4. Buyer – a legally capable individual over 18 years old who receives information from the Seller and places an order for the purchase of goods presented on the online store for purposes not related to business activity, or a legal entity or sole proprietor.

1.5. Seller – Sole Proprietor Malyna B.O. (Identification Code: 2976901291), a legal entity established and operating under the laws of Ukraine, located at: 09107, Bila Tserkva, Akademika Kononskoho Street, building 15A.

Subject of the Agreement

2.1. The Seller agrees to transfer ownership of the Goods to the Buyer, and the Buyer agrees to pay and accept the Goods under the terms of this Agreement.

2.2. The date of conclusion of this Offer Agreement and the moment of full and unconditional acceptance by the Buyer is the date the Buyer completes the order form on the Online Store website, provided the Buyer receives order confirmation from the Seller by email.

Order Placement

3.1. The Buyer independently places an order through the Cart form, via email, or by phone number indicated in the Contacts section of the online store.

3.2. The Seller has the right to refuse to fulfill the order if the information provided by the Buyer is incomplete or raises doubts about its authenticity.

3.3. When placing an order, the Buyer must provide the following mandatory information:

• Full name of the Buyer;
• Delivery address (if home delivery is selected);
• Contact phone number.

3.4. The product name, quantity, SKU, and price are indicated in the Buyer’s Cart.

3.5. If either Party requires additional information, it may request it from the other Party. Failure to provide necessary information exempts the Seller from responsibility for providing quality service.

3.6. When ordering through the Seller’s operator, the Buyer must also provide the information listed in sections 3.3 and 3.4.

3.7. The Buyer is responsible for the accuracy of the information provided when placing the order.

3.8. By entering into the Agreement, i.e., accepting the terms of this offer by placing an order, the Buyer confirms the following:

• a) The Buyer has fully read and agrees to the terms of this offer;
• b) The Buyer consents to the collection, processing, and transfer of personal data. This consent remains valid for the duration of the Agreement and indefinitely after its termination. The Buyer acknowledges that they are informed about their rights under the Law of Ukraine “On Protection of Personal Data” and agrees that the Seller may transfer personal data to third parties for order fulfillment.

Price and Delivery

4.1. Prices are set by the Seller and are indicated on the website in UAH including VAT.

4.2. Prices may change unilaterally due to market conditions. However, the price of goods already paid in full by the Buyer cannot be changed.

4.3. The price does not include delivery fees. Delivery is paid by the Buyer directly to the chosen courier service according to its current rates.

4.4. The cost of delivery to the Buyer’s address is not included in the product price.

4.5. The Seller may provide an estimated delivery cost upon request.

4.6. The Buyer's payment obligations are considered fulfilled once the funds are received in the Seller’s account.

4.7. Payments are made using methods listed on the website under the “Payment and Delivery” section.

4.8. Upon receiving the Goods, the Buyer must inspect them in the presence of the courier for compliance with quantity and quality specifications.

4.9. By signing the delivery receipt, invoice, or waybill, the Buyer confirms that the goods are complete and undamaged.

4.10. Ownership and risk of accidental loss or damage pass to the Buyer upon receipt or upon transfer to the delivery service.

Rights and Obligations of the Parties

Seller’s obligations:
5.1.1. Deliver goods in accordance with the order and this Agreement.
5.1.2. Not disclose personal information, except as required for order fulfillment or by law.

Seller’s rights:
5.2.1. Change the Agreement and prices unilaterally by publishing updates on the website. Changes take effect upon publication.

Buyer’s obligations:
5.3.1. Review the Agreement and prices before placing an order.
5.3.2. Provide complete and accurate information for order fulfillment.

Returns

Return of goods of proper quality:

6.1. The Buyer may refuse the goods at the time of delivery by the courier or at the pickup point.

6.2. If the Buyer refuses goods of proper quality, the Seller refunds the cost of the goods minus delivery costs.

6.3. Jewelry made of precious metals is non-returnable according to Resolution No. 172 of the Cabinet of Ministers of Ukraine dated March 19, 1994.

Liability

7.1. The Seller is not liable for any damage caused due to improper installation, use, or storage of goods.

7.2. The Seller is not liable for delays or failure to fulfill orders due to inaccurate information from the Buyer.

7.3. Both Parties are liable under current Ukrainian law.

7.4. Parties are exempt from liability for force majeure circumstances such as war, natural disasters, etc. The affected Party must notify the other Party promptly.

Confidentiality and Personal Data Protection

8.1. By submitting personal data when registering or placing an order, the Buyer consents to its processing and use under the Law of Ukraine “On Protection of Personal Data,” without time limitations.

8.2. The Seller shall not disclose Buyer’s personal data except to contractors involved in fulfilling the order or where required by law.

8.3. The Buyer is responsible for keeping personal data up-to-date. The Seller is not liable for failures due to outdated or incorrect information.

Other Provisions

9.1. This Agreement is governed by the laws of Ukraine.

9.2. Disputes shall be resolved through negotiations. If unresolved, either Party may refer the matter to court under Ukrainian law.

9.3. The Seller may amend the Agreement unilaterally per clause 5.2.1 or mutually with the Buyer according to Ukrainian legislation.